2661 Special Status for Action [R-08.2012]
35 U.S.C. 314 Special Status For Action
- (c) SPECIAL DISPATCH.— Unless otherwise provided by the Director for good cause, all inter partes reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, shall be conducted with special dispatch within the Office.
In view of the requirement for “special dispatch,” all reexamination proceedings will be “special” throughout their pendency in the Office. In order to further the requirement for special dispatch, the examiner’s first Office action on the merits in an inter partes reexamination should ordinarily be mailed together with the order for reexamination. See MPEP § 2660.
Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have priority over all other cases. Reexamination proceedings not involved in litigation will have priority over all other cases except for reexaminations or reissues involved in litigation.